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HomeMy WebLinkAbout1984 03-12 CCP Regular Session CITY COUNICIL AGENDA CITY OF BPOOIQ.YN CENTER. MARCH 12, 1984 (Following adjournment of the HRA Meeting) 1. Call to Order 2. Roll Call 3. Open Forum 4. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *5. Approval of Minutes - February 27, 1984 6. Presentation to Vicki Denissen for her Public Service as a Member of the City's Park & Recreation Commission. 7. Subidivision Bond Release: a. Cison Addition (located at the northwest corner of 62nd and Camden Avenues) 8. Resolutions: *a. Accepting Bid and Approving Contract for Contract 1984 -A (Diseased Shade Tree - Removal Project No. 1984 -01) *b. Accepting Engineer's Report, Establishing Street Improvement Project Nlo. 1984 -04, and Calling for a clearing on Improvement Project No. 1984 -04 (Shingle Creek Parkway Turn Lane Reconstruction) -This resolution provides for reconstruction of turn lanes along Shingle Creek Parkway between Freeway Boulevard and 67th Avenue North to provide access to the Ramada Hotel site. *c. Accepting Engineer's Report, Establishing Lift Station Improvement Project No. 1984 -05, and Calling for a Hearing on Improvement Project No. 1954 -05 -This resolution provides for construction of a lift station to serve the Ramada Hotel and adjacent parcels. *d. Accepting Quotations and Authorizing Purchase of Two Combination Soccer /Football Goals -The soccer /football goals were proposed as part of the special park bond referendum. It is recommended the quote of Tennis West, Ltd. of Minnetonka, in the amount of $2,750 per pair be accepted. Two pairs are proposed for purchase. CITY COUNCIL AGENDA -2- March 12, 1984 *e. Accepting Qiotations and Authorizing Purchase of Park Identification Signs -The ark identification s • F n �i were proposed as part of the special ark F F bond referendum. It is recommended the quote of Earl F. Anderson, in the a ount of $349 per sign (total cost $8,725), be accepted. *f. Accepting Bid for One (1) 7 -Gang Tractor Mower -The purchase of the 7 -gang tractor mower is authorized by the 1984 Budget. It is recommended the quote of T;irne•sota Toro, Inc. in the amount of $30,958.94 be accepted. g. Amending the 1984 Employee Position and Classification Plan -This resolution provides for the deletion of the Chief Custodian position, establishment of a Maintenance Supervisor position and a Lead Custodian position, and changing the title of Maintenance Worker to Maintenance Custodian. 9. Planning Commission Items (7 :30 p.m.) a. Planning Commission Application No. 84004 submitted by Oliver Stoutland for special use permit approval to conduct a drafting business in the basement of the home at 3118 Lawrence Road involving one nonresident employee. The Planning Commission recommended approval of Application No. 84004 at its March 1, 1984 meeting. b. Planning Commission Application Nlo. 84005 submitted by Oliver Stoutland for a variance from Section 35 -400 of the zoning ordinance to allow up to three nonresident employees in the home occupation being sought under Application No. 84004. The Planning Commission recommended denial of Application No. 84005 at its March 1, 1984 meeting. 10. Public Hearing (8 :00 p.m.) a. Improvement Hearing for Water i improvement Project No. 1984 -02 (Water Main Installation along Lee and major Avenues between 69th and 70th Avenues and 70th Avenue between Lee and Major Avenues) - Notice of the hearing has been published in the official paper and all affected property owners have been notified by mail. 1. Resolution Ordering Improvement Project No. 1984 -02 and Preparation of Plans and Specificaticns for Improvement Project No. 1984 -02 11. Discussion Items: a. Insurance Presentation -The staff will be prepared to present a general overview of the City's insurance coverages. b. Brooklyn Center's 75th Diamond Anniversary - Brooklyn Center was incorporated in February, 1911. The 75th Diamond Anniversary will be in 1986. c. Central Park Plaza Plan *12. Licenses 13. Adjournment MINTUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF' THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AIJD THE STATE OF' MINNESOTA REGULAR SESSION FEBRUARY 27, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Brad Hoffman. ° INVOCATION The invocation was offered by Pastor Guderian of Harron Methodist Church. OPEN F ORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSEIIT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested item 12 be removed from the Consent Agenda. The City Manager Gerald Splinter requested that item 8d be removed from the Consent Agenda. A PPROVAL OF MINUTES - FEBRUARY 13 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of February 13, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RES OLUTIONS RESOLUTION NO. 8 -2- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING LIFT STATION IMPROVEMENT PROJECT NO. 1983 -09, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1984 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 2 -27 -84 -1- RE SOLUTION NO. 84 -26_ Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING STREET IMPROVEMENT PROJECT NO. 1984 -03, AND CALLING FOR A HEARING ON IMPROVEMENT PROJECT NO. 1984 -03 (HALIFAX AVENUE AND 70TH AVENUE STREET IMPROVEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RE SOLUTION NO. 84 -2 Kerber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENFDING 1984 EMPLOYEE' POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 TA.TIG BY STAR RAC TRACK. ASSOCIAT The North Star Race Track Association represented by Charles Weaver requested the Council to support a resolution it) support of a race track to be located in the City of Blaine. Following a brief presentation, Councilmember Theis inquired as to the relationship of the proposed track with the new bridge. Charles Weaver described the location to the Council noting that it is in closer proximity to 35W and I -694 than it was to the proposed new bridge. Councilmembers Lhotka and Theis both indicated their preference for a site on the north side, and further indicated their desire that it would provide for jobs in the immediate area. Councilmember Hawes inquired as to the staff position relative to the development of a race track in Blaine. The City Manager indicated that the staff had not taken a position on the race track, and indicated that the impact of such a development should be minimal in Brooklyn Center. RESOLUTIONS (CON RESOLUTION NO. 84 -28 Mamber Gee Lhotka introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE LOCATION OF A RACING FACILITY IN THE CITY OF BLAINE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same; none, whereupon said resolution was declared duly passed. and adopted. PLANNING COMMISSION ITEMS PL1 ?4 , 114ING CO ",' : A PPLICATION N0. 84 001 SUB}1ITTT BY RE Y1 , !0LDS HO MIES, INC. FOR AI B UILDING PLAN APPROVAL OF A 28 Ui IT TOWNHOUSE PROJECT OP THE OLD 1 EN FLORAL PROPE 2 -27 -84 -2- f PLANNING C U!MISSION AP NO. 84002 SUBMITTED BY REYNOLDS H OMES, INC. FOR PRELLFI,1 PLAT APPIi_�� - - LT O S D I V T f E 1 'IT0 28 T0W H OUSE LOTS, ONE COP?P�1ON AREA, AND FOUR RLS L0 THE OLD FiADS'E'i FLO1AL PROPERTY AND RESIDE1 AND FOUR NEIGHBOR RE DENT LOTS The Director of' Planning & Inspection presented and reviewed for Council members pages 2 through 6 of the January 12, 1984 Planning Commission meeting, and pages 1 through 4 of the February 16, 1984 Planning Commission meeting in which the Planning Application Nos. 84001 and 84002 had been reviewed. Planning Director Warren explained that the townhouse development would be 3.35 acres which works out to a total of 26.8 units at 8 units per acre. He noted, therefore, that the density credit for one unit was being sought. He recalled for the Council discussion regarding this matter during a previous year in which it was decided that a density credit to allow the completion of a seventh quad home would be allowed, but that a density credit to allow an additional quad home would not be allowed. He also noted that the new plan provided for more fencing and less landscaping. He recommended that the landscape plan called for a mixture of 6" diameter trees, not all of one species. He reviewed the size of the units but he noted that the gross square footage of each unit was 1,956 sq. ft. with 440 sq. ft. for garage space leaving 1,516 sq. ft. for living space. Following the Planning Director's presentation, Councilmember Hawes inquired if Council approval of the application would mean that there would be no fence in the future at the site. Planning Director Warren replied that it did, but that did not prevent the association from fencing those portions In the future. Mayor Nyquist then called a public hearing to order on Planning Commission Application Nos. 84001 and 84002, and An Ordinance Amendin g Chapter ter 35 of the City Ordinances Classifying Certain Land as being within the R3 Zoning District. Mayor Nyquist then recognized Mr. Robert LaVerne Dingley, 5621 Camden Avenue North. . Mr. Dingley expressed his concern with the proposed developinent indicating he felt that the proposed construction was Less than adequate. There being no other individuals wishing to speak at the public hearing, Mayor Nyquist requested a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing. Voting in favor: Mayor Nyquist, Councilmember Lhotka, Scott, Hawes, and Theis. Voting against: none. . motion passed unanimously. Y p There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 84001, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 2 -27 -84 -3- 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5• Plan approval -is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all common parking and driving areas. 7. No building permits shall be issued for the project until the plat comprehended under Application No. 84002 has been given final approval by the City Council and filed at the County. 8. Plan approval acknowledges the proposed landscape treatment as fulfilling the intent of the Zoning Ordinance requirement for 4' high opaque screening where an R3 development abuts RI zoned land. 9. As -built surveys of all utility installations in the project shall be submitted prior to release of the performance guarantee. 10. Plan approval acknowledges a density credit for one townhouse unit as a result of the under building parking provided (per Section 35 -400, Subdivision 1(b) of the Zoning Ordinance) to allow no more than 28 townhouse units on this 3.35 acre site. 11. The landscape plan shall be revised to provide fencing adjacent to 5507 Camden Avenue North and to diversify the 6 diFumeter trees in the project. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 84002, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the townhouse portion of the plat shall enter into a utility hookup agreement for water and sewer service to the town- house project prior to final plat approval. 4. The Association doctnnents• for the townhouse development shall be subject to review and approval by the City Attorney prior to final plat approval. 5. The owner shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer prior to final plat approval. 2 -27 -84 -4- 6. The plat shall be revised to indicate utility and drainage easements as required by the City Engineer to provide necessary service to the subdivision. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Imending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 Zoning District. Voting in favor: Mayor Nyquist, Councilmember Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINA?CES The City Manager introduced the next agenda item, noting that these were basic housekeeping changes in the City Charter, as recommended by the Charter Commission chaired by Donn Escher. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve An Ordinance Amending the Brooklyn Center City Charter for a first reading. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISC ITEMS YEAR�2000 S'IUDY Mayor i yquist reviewed his list of appointments to a Year 2000 Study. He requested the Council's approval of his recommended appointments. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the Mayor's recommended appointments to the Year 2000 Study, including the chairman. Voting in favor: Mayor 114yquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 6 9TH AVENUE SPEE LI?�IT The City Manager introduced the Chairman of the Traffic Safety Committee, Phil Cohen. Phil Cohen then addressed the Council reviewing a proposed Resolution Requesting an Opinion from the City Attorney Regarding the 69th Avenue North and Shingle Creek Parkway. Phil Cohen noted that there is a need to review the laws to which 69th Avenue is subject. Councilmember Hawes inquired if the proposal. took into consideration the proposed changes on Shingle Creek and 69th Avenue. Mr. Cohen affirmed that such consideration wz-s accounted for. Councilme.:?ber Lhotka inquired if there was a safety problem along 69th Avenue. The Public Works Director Sy Knapp noted that the number of accidents along 69th Avenue was significant, that the problem was more perceived than actual. He noted that the most significant number of accidents occur at the intersections of Brooklyn Boulevard and T.H. 252, and were in fact, intersection related accidents as opposed to 69th Avenue accidents. The Public Works Director then reviewed radar surveys for the area of 69th Avenue. Following a brief discussion, there was a motion by Councilmember Theis and seconded by Councilmember Hawes to accept and approve the recommendations contained in the resolution from the Traffic Safety Advisory Committee and titled Resolution Requesting the City Council to Approve Obtaining an Opinion from the City Attorney Regarding the Area of 69th Avenue North and Shingle Creek Parkway. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,, Scott, Hawes, and Theis. Voting against. none. The motion passed unanimously. 2 -27 -84 -5- DE- ANNEXATION OF SALITROS PROPERTY LOCATED ON THE NORTH AND EASTERN EDGE OF RYAN LAKE _ The City Manager briefly reviewed a proposal to allow the annexation of the property to the City of Minneapolis for perpetual dedication of the 'Land to public park purposes. The City Manager gave a brief history of the site noting the interest of both the City of Minneapolis and Robbinsdale in the site. He also noted that the site proposed logistical problems for the City to service that area. He further stated that to provide police services and fire services through the area it was necessary to drive through either Robbinsdale or Minneapolis to reach the area. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to continue to explore the possibility of allowing the annexation of the Sal.itros property by the City of Minneapolis. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. UPDATE Oil TRI -CITY AIRPORTS COMMIS The City Manager introduced the next agenda item noting that currently there are discussions about the possibility of getting rid of the Crystal Airport. Councilmember Hawes noted that the next meeting by the Tri -City Airport Commission would be held February 28. M i'u " LII LEGTSLATIVE CCi "MISSION C'rie City i s �a` er in ;roduced L1 e next agenda item noting that a 1�'unicipal Legislative Commission has been formed by a joint powers agreement to develop joint lobbying efforts for suburban municipalities. He also stated that, Brooklyn Center had been asked to join the group. A brief discussion then ensued relative to the group's original second ring membership composition. Councilmember Theis indicated a desire to be associated with a suburban organization with the same interests as Brooklyn Center as opposed to one that would primarily represent second ring suburbs. Councilmember Hawes expressed his concern with lobbying, although, he indicated an understanding of the need for such activities and he feels that is necessary to ensure adequate representation for Brooklyn Center people. Mayor Nyquist requested that the City Manager pursue the matter further and that he further inquire of other first ring suburbs their intent to join the organization. 'The City Manager noted that with the diversity of groups there is an opportunity for disagreement and diversions on certain issues. He indicated to the Council that he would further investigate the lobbying organization and report back to the Council. AUTHORI FOR ACQ [; IR ING RIGHT OF 1 9 AY FOR REALIGhIMEIdT OF SHINGLE CREEK PA RKWAY AND 69TH AVENUE, NORTH If TEKECTIOtd �� The City Attorney briefly reviewed the situation relative to the realignment of the intersection of 69th Avenue north and Shingle Creek Parkway. He noted that it would be necessary to acquire the needed property through condemination in order to rectify the current title situation and to remain on schedule. The Director of Public Works reviewed two options for the intersection, both of which would require additional land, and therefore, necessary to acquire that land through condemnation. There was a motion by Councilmember Hawes and seconded by Councilmerriber Scott to authorize condemnation acquisition of land necessary to complete the redesigned intersection of 69th Avenue North and Shingle Creek Parkway. Voting in favor: 2 -27 -84 -6- r Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka further indicated that he would like some price estimates for the acquisition. APPOINTh1ENT TO THE NORT HWEST HUMAN SERVICES COI M ISSION Mayor idyquist introduced the next agenda item and indicated that he was recommending Frances Gunberg to replace Ember Reichgott as.the City's representative to the Northwest Human Services Advisory Council. Mayor Nyquist commended Ms. Gunberg for her previous volunteer work and activities and indicated that he thought she was adequately suited to represent the City. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the appointment of Frances Gunberg to the Northwest Human Services Advisory Board. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES Mayor Nyquist introduced the next agenda item and recognized Councilmember Hawes. Councilmember Hawes indicated his concern with the accessibility of cigarette machines in public business places to minors. He suggested that he would like to consider an ordinance that would require the placement of such machines where they could be monitored by the management for that particular facility. Following a brief discussion, the City Manager indicated that he would look at the feasibility of such a requirement and report back to the Council. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the following list of licenses: BULK VENDING MAC LICENSE Brooklyn Center Aons 5712 Humboldt Ave. N. K -Mart 5930 Earle Brown Drive K -Mart 3600 63rd Ave. N. CIGARETTE LICENSE Wes' Standard 6044 Brooklyn Blvd. GASOLINE SERV STA TIOit LTCENSE 6 een eado�.s 3319 49th Ave. N. MECHANICAL SYSTEMS LICENSE Advanced Heating 7805 Beech Street NE NONPERISHABLE VENDING MACHINE LICENSE Cass Screw Company 47 France Ave. N. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Herman's World of Sporting Goods Brookdale Center K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd Ave. Major Vending 7440 Major Ave. N. 2 -27 -84 -7- f M & S Drug Emporium 5900 Shingle Cr. Pkwy. Midas Muffler Brookdale Center Modern Control 6820 Shingle Cr. Pkwy. Sun Land Solar 5740 Brooklyn Blvd. Miernik Vending 7258 Commerce Circle Brookdale Tower 2810 County Rd. 10 Hiawatha Rubber 1700 67th Ave. N. Marc's Budgetel 6415 James Circle NSIIGriswold Co 8300 10th Ave. N. Lynbrook Bowl 6357 N. Lilac Dr. Red Owl Stores, Inc. 215 E. Excelsior Ave. N. Country Store 3600 63rd Ave. N. Royal Crown Beverage Co. P.O. Box 43466 Car X Muffler 6810 Brooklyn Blvd. Hi -Lo Manufacturing 6520 James Ave. North Star Dodge 6800 Brooklyn Blvd. Northport School 5421 Brooklyn Blvd. Warner Hardware 2105 57th Ave. N. PERIS VENDING MACHINE LICENSE Major Vending 7440 Major Ave. N. Modern Control 6820 Shingle Cr. Pkwy. Miernik V ?nding 72558 Ccrinmerce Circle Brookdale Tower 2510 County Rd. 10 Hiawatha Rubber 1700 67th Ave. Marc's Budgetel 6415 James Circle i READILY PERISHABLE FOOD VE HICLE LICENSE led Burlingame 5919 June Ave. N. RENTAL DST LLING LICENSE Initial:�� George & Susan Patten 5912 Admiral Lane Gale W. Pierce 6213 Beard Ave. N. Kenneth & Barbara Kramer 5801 Brooklyn Blvd. Gregory J. Blazek 6515 Brooklyn Blvd. Patrick Breitkreutz 6301 Brooklyn Dr. D. L. Jurries Ent. 6518 Chowen Ave. N. Patricia Perrozzi 7006 Girard Ave. N. Lyndon & Carole Carlson 5819 Halifax Ave. N. Alfred & Edna Herlitz 5200 Howe Lane David Busken 5310 James Ave. N. Gerald C. Salstrom 6313 Kyle Ave. N. Jon & Elaine Rask 4201 Lakeside Ave. #105 Dennis & Eunice Temple 4201 Lakeside Ave. #1108 Allan & Lynne King 4201 Lakeside Ave. # #215 Roman & Eva Gomez 4207 Lakeside Ave. # #223 Sheldon & Janice Johnson 4207 Lakeside Ave. # #240 Daryl Losey 5931 Pearson Drive Byron & Nancy Mach 4708, 4712 Twin Lake Ave. R. Cilke, D. Batty, S. Finkenbinder 6012 Washburn Ave. N. 2 -27 -84 -8- Hyun Choe 1 1512 63rd Ave. N. Walter Jacks 3006 66th Ave. N. Nell Davis 382.7 69th Ave. N. Renewal: Multiplex Management Co. Unicorn Apartments J. M. Rafter 6331, 6401 & 6425 Beard Ave. Rudolph Olson 6505 Brooklyn Blvd. John S. Tschohl 5345 Colfax Ave. N. Bob Dale 6612 Dupont Ave. N. Residential Alternatives 5449 Lyndale Ave. N. Ernest W. Gertzen 5347, 49 Penn Ave. N. Properties Inclusive 6733 Perry Ave. N. H. & Val J. Rothschild, Inc. 5400 -5422 Ponds Dr. H. & Val J. Rothschild, Inc. 5426 -5 -148 Ponds Dr. Dennis Tollefson 5328, 30 Queen Ave. 11. Robert Messersmith 5338, 5340 Queen Ave. N. Edward & Barbara (irndorf 6821 W. River Rd. Kermath & Mary Beth Ward 3400 62nd Ave. N. Properties Inclusive 3707 66th Ave. N. SPECIAL FOOD HA14DLING LICENSE Marc's Budgetel 6415 James Circle Betty Varcoe 974 Rice St. Terrace Holiday Inn Gift Shop 1501 Freeway Blvd. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOUR Iv'MIENT There was a motion by Councilmember Theis and seconded by Couneilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmebmers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:43 p.m. Deputy City Clerk Mayor 2 -27 -84 -9- TO: Sy Knapp, Director of Public "Works FROM: Jim Grube, City Engineer DATE: March 8, 1984 RE: Subdivision Rond Release - Cison Addition (Located at the northeast corner of 62nd and Camden Avenues) The City currently holds a performance deposit, in the amount of $400.00, as financial guarantee that the developer of Cison Addition will provide boulevard sod, bituminous driveway, boulevard trees, drainage and survey monuments on a lot at the northeast corner of 62nd and Camden Avenues (6200 Camden Avenue). The required work has been completed, accordingly it is recommended that the City Council approve release of said financial guarantee. JNG:jn Mcmhr� r introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONTRACT ' 1984 -A (DISEASED SHADE TRE P_E..MOVAL PROJECT NO. 1984 -01) WHEREAS, the City Clerk and the City Engineer have reported that on March 8, 1984, at 11:00 A.M., Local Time, they opened and tabulated bids received for Diseased Shade Tree Removal Project No. 1984 -01, and that said bids were as follows: Bidder Bid Amount Midwest Stump Removal $28,975.00 Design Tree Service $29,185.00 North Wood Company $32,569.50 WHEREAS, it appears that Midwest Stump Removal of Anoka, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $28,975.00 with Midwest Stump Removal of Anoka, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1984 -01 according to the specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. T0: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: March 9, 1984 RE: Consideration of Bids - Contract 1984 -A Diseased Shade Tree Removal Project No. 1984 -01 Pursuant to City Council authorization, bids were received and opened on March 8, 1984, for removal of diseased shade trees under Project No. 1984 -01. The apparent low bidder, Midwest Stump Removal, was rejected from consideration in 1983 after an interview of provided references resulted in the determination that the Contractor could not perform in a dependable manner. Upon receipt of the Midwest Stump Removal bid, I have contacted a list of references to evaluate the Contractor's performance in 1983. A summary of the references follows: 1. City of Edina (Barbara Otis of the City Forester's Office) The City of Edina does not contract tree removal services within the same scope as the City of Brooklyn Center. Rather, trees are tagged and the property owners are responsible for removals. In those cases where the owners seek a recommendation from the Citv as to dependable contractors, Midwest Stump Removal is specifically offered as a "good" contractor. In other cases where the owner fails to remove a tagged tree, the City contracts with a tree removal contractor to have the tree removed. In such cases, Midwest Stump Removal is approached by the City of Edina. 2. Anoka Rural Electric Association (Gene Lund - Right of Way Supervisor) Midwest Stump Removal was considered to be a dependable contractor, keeping in contact with R.E.A. representatives and meeting deadlines in a responsible manner. The crews had good public relations with the individual property owners, cleaning up after the removal process and repairing any damage in a timely manner. 3. Elk River Municipal Utility Department (Edson Stansfield, Superintendent) Midwest Stump Removal did specialized work for Elk River (i.e. larger trees, under "hazardous drop" conditions). The Contractor's work was completed in a responsible manner, causing no damage to private property. Elk River was very satisfied with the Contractor's operation and the quality of the firm's work. 4. City of Dayton (Earle Strande - Public Utilities Superintendent) Midwest Stump Removal completed a tree removal contract in 1983. The City considered the Contractor to be dependable, exhibiting good public relations with private property owners. The Contractor met established deadlines, did acceptable cleanup work after tree removals, and more importantly was readily accessible to the City if questions arose. March 9, 1984 - Contract 1984 -A Page 2 City of Rochester (Dennis Stotz - City Forester) Midwest Stump Removal ground stumps in Rochester in 1983. The City considers the Contractor to be dependable, completing the work in a professional manner. Based upon the references provided, I consider Midwest Stump Removal to be a dependable firm which has made an effort to improve its operation to the satisfac- tion of the public. Accordingly, it is recommended the City Council accept the bid of Midwest Stump Removal for Contract 1984 -A as provided in she attached resolution. Memk -'r introduced the following resolution and moved its adortion: RESOLUTION NO. RESOLUTION PE=IVING ENGINEER'S REP y ORT, I;7TABLISFIING STREET IMPROVEMuF.'NT PROJECT NO. 1984 -04, AND CALLING FOR A HEARING ON I'11PROVE,1 PROJECT DIO. 1984 -04 ( SHINGLE CREEK TURN LANE CONSTRUCTION) WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of providing for the construction of turn lanes along Shingle Creek Parkway between Freeway Boulevard and 67th Avenue at an estimated cost of $49,920.00; and WHEREAS, the City Council deems it necessary and in the best interest of the City of Brooklyn Center to complete said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following improvement is hereby established: STREET IMPROVEMENT PROJECT NO. 1984 -04 3. The Council will consider Improvement Project No. 1984 -04 in accordance with the Engineer's Report and the assessment of benefiting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $49,920.00 4. The area to be included within the Assessment District for Improvement Project No. 1984 -04 shall be Tract D, R.L.S. No. 1564. 5. A public hearing shall be held on the proposed improvement on the 26th day of March, 1984, in the Council Chambers of the City Hall at 8:00 P.M. local time, and the Clerk shall give mailed and published notice of such hearing and improvement and of the Council's determination of adequacy of the petition, as required by law. Date Mayor ATTEST: `..� Clerk RLSOLUTIU NU. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. . --. -.. . �..... .. ....... .. �.... ..�i. ...:.. .r.+ •...... .......++ n. w. w........ rw.... e-... w. c.. r, u..... s, aw. ua.. �-•...... r... w+. w«... a..• w•rgnvann..u:n......,.,..,..•. n..,n:•:. «..,n....!......... .. --w ..•., •. .w�.d.� "' . ._�� i � .' ` . �•�. <' �.i� y = .'lJL'll.�i �Ul_..1L.JI j .r ;x . ECT 84-04 ' l ` IS JI J Imo. -,, �--- •--- ;,:�_ -�/�` � � : �,�1 i��I[ _,,.�. - �.�::.� -�"- TRACT • R. L. S. 1664 v Atv£�,AY L `�` ^`1•n:.T t -- ' _, r ,.�� I ' fy" • ,�Y:Y: ° - --`�' µ1•N C rC� STREET I-MR. b "AC pRoJ. 1984 -04 • etc s • 6506 . i j L.,JLj � l2.A • } `'�� • `_ � � rte. �� � I L yy7 �z:r f i 1r r TRACT ! iRiCT 0 TRACT 8 i R.L.S. 1564 a R,4tfAOA H01 M S1TE D"JUT !c PROPOSED LIFT STATION e 1 b 2100 ` \`` P1 FREEWAY SLYO ��l`�. •• f¢`_ LIFT STAT10,4 1MP. PROD. 1984.03 ist �a �,atu£GT TO EXISTING MANHOLE ;S Member introduced the followin g resolution and moved its adoption: RESOLUTION N0. RESOLUTION RECEIVING ENGINEER'S REPORT ESTABLISHING LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05, AND CALLING FOR A HEARING ON IMPROVEMENT PROJECT NO. 1984 -05 WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of constructing a sanitary sewer lift station to serve the Ramada Hotel_ and adjacent commercial /industrial properties at an estimated cost of $114,860.00; and WHEREAS, the City Council deems it necessary and in the best interest of the City of Brooklyn Center to complete said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minne`s that: 1. The City Engineer's Report is hereby accepted. 2. The following improvement is hereby established: LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05 3. The Council will consider. Improvement Project No. 1984 -05 in accordance with the Engineer's Report and the assessment of benefiting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $114,860.00. 4. The area to be included within the Assessment District for Improvement Project No. 1984 -05 shall be Tract D, R.L.S. No. 1564. 5. A public hearing shall be held on the proposed improvement on the 26th day of March, 1984, in the Council Chambers of the City Hall at 8:00 P.M. local time, and the Clerk shall give mailed and published notice of such hearing and improvement and of the Council's determination of adequacy of the petition, as required by law. Date Mayor ATTEST: 3 ? Clerk RESOLUTION NO. t f The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t CITY OF 6301 SHINGLE CREEK PARKWAY F, $fir 7 Tv BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 T V7 7"174 EMERGERICY— POLICE —FIRE 911 ENGINEER'S REPORT STREET IMPROVEMENT PROJECT NO. 1984 -04 LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05 PROJECT DESCRIPTION /LOCATION: Street Improvement Project No. 1984 -04 - Construction of turn lanes along Shingle Creek Parkway between Freeway Boulevard and 67th Avenue North; and Lift Station Improvement Project No. 1984 -05 - Construction of sanitary sewer lift station adjacent to Freeway Boulevard at the Ramada }Motel site. DISCUSSION: Pursuant to the provisions of an executed subdivision agreement between the City and the developer of the Ramada Hotel site and adjacent parcels located along Shingle Creek Parkway at Freeway Boulevard, staff has initiated proceedings for the construction of roadway access and sanitary sewer service to the proposed development. It is proposed that the improvements, as described below, be completed in 1984, in conjunction with the construction of the Ramada Hotel . Street Im ro vement Project N o. 1984 - 04 It is proposed that left turn lanes be constructed along both northbound and southbound Shingle Creek Parkway between Freeway Boulevard and 67th Avenue North. Required median modifications include the installation of a 210 foot turn lane (including taper) for northbound traffic, thereby providing access to the development. Also proposed is the construction of a 200 foot turn lane (including taper) for southbound traffic, thereby providing access to 6506 Shingle Creek Parkway (Instant Printing Center). Lift Station Improvement Project 2;o. 1984 -05 It is proposed that a sanitary sever lift station be constructed at the south- west corner of the Ramada Hotel site, adjacent to Freeway Boulevard. The improvement, which will serve the proposed commercial development at the northww est corner of Shingle Creek Parkway and Freeway Boulevard; will be connected to the City's gravity sanitary sewer system located in Freeway Boulevard adjacent to 2300 Freeway Boulevard (the Salvation Army building). Said connection necessitates the installation of fo- rcemain beneath Shingle Creek, all work to be completed in accordance with applicable federal, state, and local codes governing such installations. ""ale �ir�ct�ltucr; �l � N Engineer's Report - Project Nos. 1984 -04 and 1984 -05 Page 2 FINANCIAL COISIDERATIONS: The developer has agreed to pay all costs related to the proposed improvements, said costs to be paid by the levy of special assessments against the development in accordance with the provisions of the referenced subdivision agreement. A summary of the estimated costs is provided below. Pro No. 1984 -04 Project No. 1984 -05 Construction Cost $ 35,300.00 $ 80,210.00 Contingencies 5,300.00 13,180 Subtotal $ 40,600.00 $ 93,390.00 Engineering Cost 3,650.00 8,400.00 Administrative Cost 400.00 930.00 Legal Cost 400.00 930.00 Capitalized Interest 4,870.00 11,210.00 TOTAL $ 49,920.00 $114,860.00 The proposed improvement projects, as outlined above, are feasible under the conditions described and at the costs estimated. Respectfully submitted, James N. Grube City Engineer Attachments JNG: jn Member introduced the following resolution and moved its adoption: t RESOLUTION NO. L-7 RESOLUTION ACCEPTING QUO'T'ATION AND AUTHORIZING PURCHASE OF SOCCER /FOC GOALS WHEREAS, soccer /football goals were proposed as part of the special park bond referendum of May 7, 1980; and WHEREAS, Chapter 471_.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any other kind of construction work by informal quotations when the amount of such contract is less than $15,000; and WHEREAS, the City's purchasing policy requires the City Council to award purchases between $5,000 through $14,999 upon recommendation of the City Manager; and WHEREAS, the City Clerk has obtained a quotation for the purchase of two soccer /football goals from Tennis West, Ltd. of Minnetonka, Minnesota in the amount of $2,750 per pair, total cost $5,500; and WHEREAS, the combination soccer /football goals are a one of a kind item available exclusively from Tennis West, Ltd.; and WHEREAS, the City Manager has advised the City Council that the acceptance of the quotation from Tennis West, Ltd. for the purchase of two soccer /football goals in the amount of $5,500 is in the best interest of the City.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be authorized to contract for the purchase of two combination soccer /football goals from Tennis West, Ltd., in the amount of $5,500. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER PARKS AND RECREATION 51 7 ' °� 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 4 Telephone 561 --5448 Rxoovtvw c(vr(n k YRRR{ RMO R(CR(RTt6R P ull TO G. G. Splinter, City Manager FROM • Gene Hagel, Director of Parks and Recreation DATE March 8, 1984 SUBJECT: Soccer /Football Goals Park Identification Signs The above two items are on the City Council agenda for approval at Monday night's meeting. The soccer /football goals are a combination type goal which has recently come on the market. It is a "one -of -a- kind" type and not made by any other company. It eliminates the need for two separate goals and prevents unauthorized moving of the soccer goals. Two pair are proposed. One pair is for the practice field at Garden City Park, the other is to be installed at the Evergreen Park field. The cost is $2,750 per pair, and includes installation. The Park Identification signs are to be installed in all neighbor- hood parks plus at main access points to the Shingle Creek Trail - way. The signs are 10' x 30" and are constructed of 2 x 6 tongue and groove redwood planks and 6 x 6 redwood posts. All signs will be stained dark brown. The color of lettering will be different at various parks. Quotes received were $483.56 per sign from Woodcrafter Signs and $349.00 per sign from Earl F. Anderson. A total of twenty -five signs are to be purchased at a cost of $8,725.00. The signs will be installed by City crews. The goals and signs are to be charged to the Neighborhood Parks Bond Fund. We have a current unencumbered balance of $42,429 in that account. � K r d J p C ' ter. Z _ � _ 1. .>G . - e /I� s r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUCITATIONS AND AUTHORIZING PURCHASE OF PARK IDENTIFICATION SIGNS WHEREAS Chapter Statutes provides for ter 47]_.345 of the Minnesota Stat to ro P P the purchase of merchandise , 7-ate, i v. ant, or any o her ind- of construction work by informal quotations when the amount of such contract is less than $15,000; and WHEREAS, the City's purchasing policy requires the City Council to award purchases between $5,000 to $14,999 upon recommendation of the City Manager; and WHEREAS, quotations received were as follows: Earl F. Anderson & Associates, Inc. $349.00 /sign total cost $8,725.00 (25 signs) Woodorafter Signs $483.56/sign total cost $12,089.00 (25 signs) WHEREAS, the quotation received from Earl F. Anderson and Associates, Inc. is the lowest quotation from a responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation for 25 park identification signs from Earl F. Anderson and Associates, I, c. be accepted and the City Manager be authorized to purchase the same for the amount of $8,725.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i r e l f : v Member introduced the following resolution and moved its adoption: RESOLUTION NO. t RESOLUTION ACCEPTING BID FOR ONE (1) 7 -GANG TRACTO MOWER MiEREAS, the Director of Parks and Recreation and the Superintendent of Streets have reported that on March 8, 1984 at 11:00 a.m. they opened and tabulated bids received for furnishing one (1) 7 -gang tractor mower and that said bids were as follows: Bid Trade in Total Bid Price Allowance Price Minnesota Toro, Inc. $36,842.94 $5,884.00 $30,958.94 R.L. Gould & Company 41,550.00 1,550.00 40,000.00 NOVJ, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid of Minnesota Toro, Inc. for the furnishing and delivery of one (1) 7 -gang tractor mower, in accordance with the specifications, is deemed to be the best bid submitted by a responsible bidder and said bid -is hereby accepted. Date Mayor i ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY GE 6301 SHINGLE CREEK PARKWAY 1 ' _- 7r 777'T B 00itLYN CENTER, 'MiINNESOTA 554:,; "_.�.�.. TELEPHONE 5-61 -5440 ' i �•� G r.� FMERGENCY- POLICE -Fl RE TO: Torn Eublitz FROM: Sy Knapp DATE: March 8, 1984 RE: Extra Agenda Items 1. Resolutions: Amending the 1984 Employee Position and Classification Plan Note: This resolution provides for the deletion of the Chief Custodian position, establishment of a Maintenance Supervisor position and a Lead Custodian position, and changing the title of Maintenance Worker to Maintenance Custodian: 2. Discussion Items: Park a. Central Pa Plaza Plan P b. Plan for Revising Northwest Entrance to Community Center Tom Note: Jerry said he wants these items on the agenda, but please double check that with him. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING 1984 EMPLOYEE POSITION AND CLASSIFICATION PLAN BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following amendments be made to Schedules C and D of the 1984 Employee Position and Classification. Plan: 1. that Schedule C is amended by deleting the position of "Chief Custodian" and by adding the position of "Maintenance Supervisor" with the following grade range schedule: Grade Range Monthly Wage Range from Schedule C -1 from Schedule C -1 Exempt Going Going From Positio Minimum Rate Maxi Minimum Rate Maximum Overtime Maintenance S16A S18C S20C 1819 2107 2213 Yes Supervisor 2. that Schedule D is amended by adding the position of "Lead Custodian" with the following grade range schedule: Grade Range Monthly Wage Range from Schedule C -1 from Schedule C -1 Exempt Going Going From Position Minimum Rate Maxim Minimum Rate Maximum Overtime Lead T22A T22C T24C 1525 1682 1767 No Custodian 3. that Schedule D is also amended to change the position title of "Maintenance Worker" to "Maintenance Custodian ", with no change in the established grade range schedule. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to fill the vacancy created in the Parks Maintenance Division by the retirement of Lloyd Holthus under the Early Retirement Incentive Program, by the transfer of one employee from the Government Buildings Division to a Maintenance Worker II position within the Parks Maintenance Division. Date Mayor 0 ATTEST: Clerk P.ESOLUTSON NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. E i MINUTES OF THE PROCEEDINGS OF THE PLANNING CG CF ON CITY OF L;k;VLV CENTER IN THE COUNTY OF HEN01EPI11 AND THE SIATE OF MINNESOTA STUDY SESSION MARCH 1, 1984 CITY HALL. CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:36 P.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mary Simmons, Nancy Hanson, Lowell Aina---, and 1-,ike Nelson. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. APPROVAL OF VINUTES - FEBRUARY 16, 1984 Motion by Commissioner Malecki seconded by Commissioner Simmons to approve the minutes of the February 16, 1984 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Ainas and Nelson. Voting against: none. Not voting: Commissioner Manson. APPLICATION NOS. 84004 AND 84005 (Oliver Stoutland) Following theChair =Is explanation, the Secretary introduced the first two items of business, a request for a special use perC.,-!it to conduct a drafting business in the basement of the home at 3118 Lawrence Road involving one nonresident employee and a request for a variance from Section 35-406 of the Zoning Ordinance to allow Up to three nonresident employees in the home occupation. The Secretary reviewed the contents of the staff report (see Ccr, information Sheet for Applications Nos. 84004 and 84005 attachoW. The Secretary concluded by saying, that home occupations, by definition, are . .; be secondary and incidental uses in residential districts. He stated that, if the Planning Coicnission recc , an ordinance amendment, a finding should be made that additional employees tA,ould still be secondary and incidental to the primary use of the premises which is residential. Chairman Lucht asked the applicant whether he had anything to add. Mr. Stoutland stated that he wished to expand on the reasons for requesting additional employees. It. Stoutland explained that the economic do had affected the steel industry which his drafting firm services. He explained that tne steel industry used to include fabricatinEb estimatinS and drafting along with a sales force all undler one company roof. 'He stated that the pattern i. now to farm out the fabricating work and the drafting , :,fork and that estimating is done by freelancers with a minimal ni-miber of functions under the company roof. He explained that all these functions are carried on by smaller companies and he stated that his drafting firm could not compete with other small drafting companies that worked out of private homes. He stated that the hardship is personal in this case and not physical. Chairman Lucht stated that the Commission certainly sympathized with the economic circumstances faced by Mr. Stoutland. He added, however, that the Commission is concerned with physical aspects and land use. Mr. Stoutland again described the problems of a shrinking market for the services his company renders. Commissioner Simmons acknowledged those problems, but stated that Mr. Stoutland was asking for the Commission to breach the separation between residential and commercial uses. 4111 She stated that this kind of action would erode the separation which is the very foundation of zoning. She stated that people would buy houses just to put businesses in then and that residential neighborhoods would no longer be residential. 3-1-84 -1- Chairman Lucht stated that, if additional employees were approved in this case, other uses such as beauty shops, insurance offices, etc. would certainly be entitled to extra employees also. He pointed out that the impact would be greater in those cases, but that the precedent would have been set with this one. The Secretary stated that the Commission must keep in mind that zoning is based on the City's police power. He explained that the City may establish certain land use districts through zoning and that the zoning ordinance sets up commercial, industrial and residential districts. He explained that the Zoning Ordinance separates single- family districts from multiple - family districts, light industrial from heavy industrial, and retail from service /office. He stated that these finer distinctions went beyond the basic distinction between commercial uses and residential uses. The Secretary went on to explain that the provision for home occupations is a comvromi se between a strict zoning approach, a strict propel ter rights approach: He stated that certain standards and guidelines have been established to evaluate individual home occupation proposals. tie explained that the limitation of one nonresident employee is a standard which indicates a level of activity tolerable in a residential district. The Secretary also stated that the Zoning Ordinance originally did not allow nonresident employees, but that it was amended later on to allow up to one. Com- missioner Ainas asked ?vlr. Stoutland how many square feet of space h, was presently using. Mr. Stoutland explained that he presently used about 600 square feet of office space nand that he would be providing about 1 400 -square feet in the basement of his residence. PUB HE ARIT ?G ( N os. 8 and 8 4006) Chairman Lucht then opened the meeting for a public hearing on both the special use permit and variance applications. Mr. David Sedgeman of 3117 Lawrence Road explained that Mr. Stoutland's property is located at the beginning of a curve. He stated that it would be difficult to get in and out of his driveway if parking associated with the home occupation were allowed on- street. He also talked about the increased difficulty of getting around such cars during the winter time when snow narrowed the street. Commissioner Simmons pointed out that the approval of the home occupation would stipulate that no on- street parking is allowed. Mr. William Gibson of 33.12 Lawrence Road stated that he had no objection to the home occupation as long as all parking were conducted off - street. He clarified that he had no objection to three employees either. Mr. Richard Mero of 3201 Lawrence Road stated that he agreed with the Planning Commission. He explained that he had watched the evolution of Osseo Road into a commercial strip and did not want such commercialization to extend into the residential neighborhood. fie stated, however, that he had no problem with the request for one employee. CLOSE PUBL HEARIii Chairman Luc ht then asked whether anyone else wished to speak. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. 3184 - - -2- t _L .. .,is...t i,r ,r:. ..� ;. ,. .,+ ._..i_.. _3.t �.... «I ._...c.., +. �J 7 t...�... «_...1 ii of Application No. 8400 subject to the following conditions: i. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. Special use permit approval acknowledges no more than one nonresident employee on the premises at any given time 5. A 10 lb. fire extinguisher shall be installed in the basement work area prior to the issuance of the special use permit. b. Special use permit approval is subject to completion of any items recommended by the Building Official following inspection prior to City Council consideration. Voting in favor: Chairman Lucht, Commissioners talecki, Simmons, Manson, Ainas and Pelson. Voting against: none. The motion passed. ACT!"J RECOM;r'ENT, � r?G DEA OF A'�P? r T T U'1 ,d0 . 8� +00 ( li v .r Stoutl <nd) ...._® _ T_ o _._ i by ( �C_rliilssioner A nds.secon,led by Goi:_,iissioiier Sirrrinjns to recoCtIIlIend denial of Application No. 8 on t" grounds that- the StFndards for a Variance and for a special use ; e:rmit are not met .n ;,his case. Voting in favor: Chairman Lucht, ,. iG i't "S a�i L C {l ; ;iI:L ,G:; a , (``I i1 aC i , :s i:aS and i w%SC�r; . Voting 3.t.g aka J.ns t . none. The motion parsed. The Secretary explained that these applications would be considered by the City Council at its March 12, 198 meeting and that notices would be sent of the time of consideration. DISCUSS IT E" , ( kCrit ical Area Ordin The Secretary hen `;: i e Ly intr cIluced to the Commission a Draft Critical Area lJr d 1.n..i: ce 1oa Lid'ti;7r .t aat.J __:.l at �.or ., - ... 4 - ha t ,, a; d 7a c o mp ilation .... e: p� d ,�r�.t ..�,. ,raft ><ti�s � or ilation of regulations from the intcriri rec ulatio_1s establi sheC by t e original Executive Order of Governor Anderson in 19'76 and from a proposed Critical Area Ordinance developed by the City's Planning Consultant in 19'7 . He stated that staff had modified t4:e or,;inal draft and that the Planning Commission now had a second draft to consider. He urged the Commission to study the ordinance and bring back comments at future meetings. Chairman Lucht asked whether there was any change in zoning brought about by the Critical Area Ordinance. The Secretary responded in the negative. He explained the boundary of the Critical Area District and noted that it includes land west of the freeway and east of Camden Avenue forth. He stated that staff see no real impact on this land as a result of the ordinance and sought to have. this land excluded from the district. Ile explained, however, that the State was unwilling to change the boundary line of the Critical Area. 3 -1 -84 -3- Commissioner Simmons asked whether there was any possible impact on the land between the freeway and Camden Avenue North. The Secretary answered that staff and the Commission would have to look at the possibility, but he did not think so. He explained that the ordinance is intended to prevent the overutilization of the river bank and protect the aesthetic character of the Mississippi River Critical Area Corridor. Commissioner Manson inquired about the rest areas and vistas which are referred to in the ordinance. The Secretary explained that the Critical Area does extend throughout the Metropolitan area and that the model ordinance from which these terms were taken probably envisions such areas every so often throughout a larger area. There was a brief discussion regarding the reason for the boundary being established along Camden Avenue instead of further east. The Planning Assistant explained that the ordinance is intended to prevent visual pollution from the river bank area into the river Corridor. He stated that thy: limitations on , "he he.gh- of buildings and signs would not do much good if the boundary were drag too close to the river and that, therefore, it extended as far east as Camden. Chairman Lucht noted the provision for phasing out nonconforming signs within seven years after the adoption of the ordinance. He pointed out that there might be signs on the west side of Guest River Road which would be visible from the east side of the Mississippi River Bank, but which would not have to come down even though they are visible, Iecauste they are outside of the. district. The Secretary agreed. He explained that the pease out provision may or may not be legal. He stated that there are some court decisions to support suc a provision arid sOY ie that would refute it. The Secretary briefly explained an upcoming planning application regarding commercial access through residential property. Commissioner Simmmons stated that she was interested in discussing the matter of accessory apartments again in the future. Chairman Lucht stated that question would also be looked at by the Year 2000 Study Task Force. ADJOURNMENT Motion by Commissioner Simmons seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8 :54 p.m. Chairman 3-1 -84 -4- Planning Commission Information Sheet r Applicant: Oliver Stoutland Location: 3118 Lawrence Road Request: Special Use Permit The applicant requests special use permit approval to conduct a drafting home occupation with one nonresident employee in the basement of the residence at 3118 Lawrence Road. Under Section 35 -406 of the Zoning Ordinance, any home occupation involving a nonresident employee requires a special use permit. The property in question is zoned R1 and is surrounded by other single - family homes. The applicant has submitted a letter (attached) in which he describes the opera- tion. He notes that the hours of business would be from 8:00 a.m. to 4:30 p.m., with some possible overtime, Monday - Friday. Access to the work area in the basement would be via the rear door which leads immediately to the basement. One nonresident employee is requested under this application. (The applicant also seeks two additional employees under Application No. 84005). There is room for two cars in the driveway. Customer traffic is expected to be light. Standard drafting equipment will be used. Printing will be done at a printing service. Staff see no problem with the proposal made under this application. There should be no noise or parking problems. The level of traffic should also be minimal. Approval is recommended subject to at least the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes,ordinances and regulations and any violations thereof shall be grounds for revocation. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. Special use permit approval acknowledges no more than one nonresident employee on the premises at any given time. 5. A 10 lb. fire extinguisher shall be installed in the basement wort, area prior to the issuance of the special use permit. 3 -1 -84 Planning Commission Information Sheet i '; U i J c` Location: 3118 Lawrence Road Request: Variance The applicant requests a variance from Section 35 -406 of the Zoning Ordinance to allow up to three nonresident employees in the drafting home occupation which is the subject of Application No. 84004. The applicant has submitted a separate letter pertaining to the variance request (attached). The letter briefly states that the reason for the variance is that Mr. Stoutland's drafting company cannot compete in a shrinking market if it has to pay for professional office space in a commercial zoning district. Mr. Stout - land expends on the problems of the business on a second page (see attached). Mr. Stoutla.nd also states that he will expand his driveway to accommodate extra cars if the variance is granted. Mr. Stoutland's letter really does not address the Standards for a Variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board shall not recommend and the City Council shall in no case permit as a vari- ance any use that is not permited under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the follrjwing quuiifications are met: a. Because of the particular physical surroundings, shape or, topographical conditions of the specific parcels of land involved, a particular hardship to tine owner would res..;lt, as distinguished from a mere in- convenience, if the strict letter of the regulations were to be carried out. b. The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. c. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. d. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighbor- hood in which the parcel of land is located. The hardship alleged in this case is not related to physical surroundings, topo- graphy, etc. The conditions of the variance are not unique to this parcel of land and certainly could be applied to any home occupation needing more than one employee to be economically viable. The alleged hardship is related to the requirements of the ordinance and was riot created by a person having an interest in the parcel of land, however, the ordinance provides only for limited use of the residential property for business purposes. Finally, the granting of the variance may or may not be detrimental to surrounding property depending on the level of traffic and provision for parking. 3 -1 -84 -1- Application No. 84005 continued The requested variance is dissimilar from other variances in that it does not seek relief from a physical dimension re but from a level of activity require- ment. In a sense, the request is similar to a use variance which is illegal under state law. However, it does not necessarily amount to a use variance if the employ- ment of three nonresidents in a home occupation can be found to fall within the general understanding of 'a residential use. At present, it does not. Whether this request is considered a use variance or a standards variance, staff believe it should not be granted. Any relief from the current standard should be accomplished only through an ordinance amendment, if at all. Regarding an ordinance amendment, we would note that the number of children allowed in a day care operation in a single- family home was raised to 10 in 1982. The number of students in group instruction hone occupations was also raised to 10 at that time. Perhaps this is an indication that more nonresident employees could also be tolerated. However, employees are often involved in more intense activities than students or children. Would it be appropriate to allow 3 nonresident employees in a small engine repair operation, a barber or beauty service, a saw sharpening service, a day care operation or an insurance business and the like? We recommend that the Commission carefully consider all the implications of any ordinance change and keep in mind that the basic concept behind the home occupation provisions is that the business or profession is clearly incidental and secondary to the resi- dential use of the property. A value judgment has been made in our Zoning Ordinance that more than one employee goes beyond this "incidental and secondary" threshold. 3 -1 -84 -2- M ember introduced the following resolution and moved its adoption: RESOLUTION NO. C 7 RE ORDERING IMPROVEMENT RINv I�.t�ROVEM�.NT PROJECT PuO. 1984 -02 AND `J PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT 1,11. 1984 -02 WHEREAS, Resolution No. 84 -20 adopted the 13th.day of February, 1984, fixed a date for a Council hearing on the proposed construction of water main in Lee and Major Avenues North between 69th and 70th Avenues and 70th Avenue North between Lee and Ma Avenues; and J , WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given, and the hearing was held thereon on the 12th day of March, 1984, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interests of the City and the owners of property specially benefited thereby, that: 1. The following improvement as proposed in Council Resolution No. 84 -20 adopted the 13th day of February, 1984 shall be constructed: r Project No. 1984 -02 (water main installation along Lee and Major { Avenues between 69th and 70th Avenues and 70th Avenue between Lee and Major. Avenues) 2. The City Engineer is designated as the engineer for this improve- ment. The City Engineer shall prepare plans and specifications for this improvement. 3. The estimated cost of the project is $97,230.00. 4, The estimated cost will be financed by: Special Assessments $68,140.81 Utility Fund $29,089.19 TOTAL $97,230.00 5. The Finance Director is authorized to issue Master Note No. 84 -01 for Improvement Project No. 1984 -02, providing for transfer of funds from the Investment Trust Fund for financing the improvement. Date Mayor ATTEST: Clerk K - k.ESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. w ' S 3 CITY F OF 6301 SHINGLE CREEK PARKWAY �_," ` ► �fi`P ; +' s BROOKLYN CENTER, MINNESOTA 5543(; TELEPHONE 561 -5440 EMERGENCY— POLICE —FIRE 911 ENGIJEER'S REPORT Water Main Improvement Project No. 1984 -02 PROJECT DESCRIPTION: 'dater Main Installation PROJECT LOCATIOIN: Lee and Major Avenues from 69th Avenue to 70th Avenue and 70th Avenue from Lee Avenue to Major Avenue. DISCUSSION: The City has received a petition requesting the construction of water main along Lee, tlajor, and 70th Avenues north of 69th Avenue. The petition i 4 24 affected property d b 1 of requesting said improvement was signed p P y owners q 9 9 y p (58/), while 5 property owners (21') signed a petition against the proposed improvement. A second petition, providing for construction of curb and gutter and street construction, was circulated in conjunction with the water main petition; hoeiever, in contrast, only one affirmative signature was recorded (19 owners opposed the proposed street improvement). As a result, this report does not address costs related to the curb and gutter and street improvement options. The proposed water main improvement project provides for installation of a looped main system beginning at the 69th Avenue - Major Avenue intersection and ending at the 69th Avenue - Lee Avenue intersection. It is estimated that approx- imately half the paved street width of Major, 70th, and Lee Avenues will in conjunction need to be removed and replaced o unction with the main installation. J FIIIANCIAL COISIDERATIONS: in accordance with established City policies, each single family residence will be responsible for payment of one residential assess - ment unit (1984 unit rate is 52,400 per residence). In addition, 'Willow Lane Apartments (7015 -7025 Brooklyn Boulevard) will be assessed for its share of frontage along the 70th Avenue installation (343.03 feet) at the going rate for non - single family uses (1954 rate - 524.57/L.F.). It is also proposed that the apartment complex be further assessed for the balance of the area beyond the 135 foot depth credit along all water main improvement's in accordance with established City policy (1984 rate - $7.62 per 100 S.F.). Based upon the proposals outlined above, the estimated project cost of $97,230 exceeds the estimated special assessment of 568,140 by $29,090. Accordingly, it is recommended that the estimated balance be paid from the Public Utility Fund. An outline of the estimated project costs and financing follows: n „���, .� +r*tt1'cl.t<Z lit OtC ,tFtl�f Engineer's Report - Project 1984 -02 Page 2 Project Costs Construction $68,010.00 Contingencies (15I) 10,200.00 Subtotal Construction Cost $78,210.00 Engineering (9' of Construction Cost) 7,040.00 Administration (1 0 /0' of Construction Cost) 780.00 Legal (11 of Construction Cost) 780.00 Capitalized Interest (12 %) 10,420.00 ESMIATED TOTAL $97,230.00 Funding Sources e Assessment Rates - Single Family Residential - S2,400.00 per residence - Assessable Footage Rate - $24.57 per L.F. - Assessable Area Rate - $7.62 per 100 S.F. Assessable Units - Single Family - 23 Units Footage - 343.03 L.F. Area - 59,220 S.F. Total Assessable Amount - $68,140.81 Public Utility Appropriation - $29,089.19 TOTAL $97,230.00 The proposed improvement project, as described in this report, is feasible under the conditions outlined and at the costs estimated. Attached herewith is a project location map depicting the proposed assessment district. Respectfully submitted, Sy Knapp Director of Public Works /City Engineer ""0 77 7' aj S EAST J � 7 1 5 IV (D ui LA < i� n1�11 -A QUAIL CIRC, _E • % \ I I ' � 71ST A V E. N 1 LAN E O WILLW 0 Xr SPECIAL ASSESSi' DISTRICT FOR -4 4 SCHOOL x IMPROVENiENT PROJECT < NO. 1984-02 u. < 70 `H AN/ E HI x _X? `71 N, Li I L L OV/ LAN Lu. PAR' y 23 -� iI �� , i C', S. A. H. I I t4 0. fa0 69TH > U. S. L6 1-ti i x Ld 41 It POST < 1 Cal ui OFFICE 68TH — AV E. °; — td� 681 H AVE. C ) W Lud 67TH A V , 1 94 L A NE r Li AVE 166TH IN.! E T E R + LIAI`4E WINCHESTER L T 5 VE.1 I I I I I I N. I I f Licenses to be approved by the City Council on Varch 12, 1984 FOOD ESTABL °fEfT LICEf;SE lano .>ociH 4938 Brooklyn Blvd. drierican Bakeries 1 1215 69th Ave. N. Bakers Square 5601 Xerxes Ave. N. Baskin Robbins - 31 Flavors Brookdale Ctr. Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brookdale Covenant Church 5139 Brooklyn Blvd. B.C. American Little League 6800 France Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Brooklyn Center Country Boy 4401 69th Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Burger King 6110 Brooklyn Blvd. CEAP 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Cross of Glory Church 5929 Brooklyn Blvd. Dukes Standard 6501 Humboldt Ave. N. Evergreen Park School 7020 Dupont Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. Faith Community Church of God 6630 Colfax Ave. N. Fanny Farmer Candy Shops, Inc. Brookdale Ctr. Fisher Food Products 6800 Shingle Cr. Pkwy. Garden City School 3501 65th Ave. N. Happy Dragon Restaurant 5532 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Hickory Farms Brookdale Ctr. oliday Inn 1501 Freeway Blvd. erry's Super Value 5801 Xerxes Ave. N. K -Mart 3600 63rd Ave. N. Kentucky Fried Chicken 5512 Brooklyn Blvd. Little Brooklyn 6219 Brooklyn Blvd. Los Primos Brookdale Ctr. Chuck Muer's 2101 Freeway Blvd. Northbrook Alliance Church 6240 Aldrich Ave. N. Num Num Foods, Inc. Brookdale Ctr. Orchard Lane School 6201 Noble Ave. N. Perkins Cake & Steak 5915 John Martin Dr. Plitt Brookdale Theater 2501 County Rd. 10 Red Lobster 7235 Brooklyn Blvd. Sears Brookdale Ctr. Service Systems Soo Line Building Northwestern Bell 5910 Shingle Cr. Pkwy. Uncle Bob's Quik 6 6600 W. River Road A Winchell's Donut House 1912 57th Ave. N. ananitarian IMP SWIMM POOL LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Marvin Garden Townhouses 331 Second Ave. N. Sanitarian . GENERAL APPROVAL: - 1 Gera G. Splinnte , C erk